Sept-26-08 Court Validates COAH

Court Validates COAH

Denies Motion to Require a Special Master to Oversee Affordable Housing

TRENTON – Department of Community Affairs Commissioner Joseph Doria issued the following statement regarding the Appellate Division of the Superior Court’s ruling that denied a request that a special master be charged with facilitating affordable housing in New Jersey.

“The Court’s decision is a positive step forward in our efforts to provide New Jersey residents with the affordable housing opportunities they need,” said Commissioner Doria. “More importantly, it averts the possibility that a Special Master be appointed to enforce the Fair Housing Act irrespective of the work the Council on Affordable Housing (COAH) has invested to ensure that the process is effective. I sincerely hope that all of the interested stakeholders, including the municipalities, the housing advocates, the developers and the state agencies, can now come together and work towards accomplishing both our moral and Constitutional obligation to provide affordable housing for the citizens of our state.”

The Appellate Court also denied a request by the Fair Share Housing Center to permit builders’ remedy litigation to continue against municipalities even while COAH’s rules were pending. This decision validates the open and transparent process that COAH developed as a result of a January 2007 Appellate Court ruling that overturned COAH's first set of third round regulations.

COAH, an affiliate of the New Jersey Department of Community Affairs, facilitates the production of sound, affordable housing for low and moderate income households by providing the most effective process to municipalities, housing providers, nonprofit and for profit developers to address a constitutional obligation within the framework of sound, comprehensive planning.